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In a decision adopted on 13 March, the Conseil d’État rejected the appeal brought by the television channel Télé Monte-Carlo and its advertising agency claiming, on the grounds of the principle of equality, cancellation of paragraph I of Article 1 of the decree of 7 October 2003 amending Article 8 of the decree of 27 March 1992. These provisions prohibit advertising for books except on television services that are exclusively distributed by cable or broadcast by satellite. In the present case, the television channel broadcasts its programmes partly unencrypted in analog mode in south-west France...

The European Commission has approved, on the basis of the EC State aid rules, the core aspects of the support mechanisms for cinematographic and audiovisual works notified by France. These mechanisms pertain to all stages in the lifecycle of a work and can be grouped in the following categories: support for the production of theatrical short- and feature films (including by way of tax credits); support for the distribution of films; support for cinema theatres; support for the production of television films; support for the video industry and specific financing mechanisms. In particular, the Commission...

On 31 January 2006, the audiovisual Conseil supérieur de l'audiovisuel (regulatory body - CSA) fined Skyrock radio EUR 50,000 for broadcasting comments likely to cause offence to listeners under the age of 16. Under Article 15 of the Act, as amended, of 30 September 1986, the CSA has a duty to “ensure the protection of children and young people”, and it was on this basis that the CSA sent a recommendation to radio stations on 10 February 2004 prohibiting them from broadcasting programmes likely to cause offence to listeners under the age of 16 between 6 am and 10.30 pm. Skyrock broadcasts a phone-in...

Article 809 of the New Code of Civil Procedure entitles a judge sitting in urgent matters, called an "emergency" judge, to take any precautionary or reparatory measures that may be necessary, particularly in order to prevent the imminent occurrence of damage. On the basis of this, a number of individuals applied to the judge sitting in urgent matters in Paris to request a pre-viewing of a report that was to be broadcast that evening and which they believed would infringe their personal rights as to their character. The report at issue, concerning arms dealers, showed the police search of their...

One week before the examination of the bill to transpose into French law the Directive no. 2001/29/EC of 22 May 2001 on copyright and neighbouring rights in the information society was to resume, the Court of Cassation joined the forum by delivering a notable decision on the use of technical protective devices in relation to private copying. A case involving “Mulholland Drive” had been brought before the Court (see IRIS 2004-7: 9 and IRIS 2005-6: 13), in which an individual, backed by a consumer association, complained that he was unable to make a video copy of the DVD of the film he had bought...